EDITORIAL: Bethlehem should stick to zoning process to deal with drug treatment centers

In many Bethlehem neighborhoods, “drug rehab plan” constitutes fighting words. When they are attached to “developer Abraham Atiyeh,” they form a populist call to action.

For months, the city and groups of residents have battled Atiyeh over proposals to establish residential treatment centers near homes, schools and churches. The zoning hearing board deep-sixed a plan by Atiyeh to set up a drug rehabilitation facility in a former church on Dewberry Avenue. Neighbors complained it was too close to Bethlehem Catholic High School and nearby playgrounds.

Instead of trying to put out fires with every zoning application and risking lawsuits, city officials decided to revise the zoning code, to define acceptable locations for drug treatment facilities. Eventually they agreed upon a 500-foot buffer between rehab centers and schools, parks and playgrounds, effectively relegating such uses to commercial and industrial zones.

Atiyeh appears to have read the writing on the wall. He abandoned other plans that would have outraged neighbors and proposed a residential drug treatment facility for the former Synthetic Thread factory at 12th Avenue near Route 378, for which he previously received a zoning variance to create 67 efficiency apartments.

City council is scheduled to adopt the zoning code changes Aug. 7. Atiyeh has a date with the zoning board June 13.

So why are some city council members looking to adopt an interim 1,000-foot buffer? The intent is to buy some time until the new zoning regulations kick in, but it looks like an abuse of power because it would redline the city, or nearly all of it, from residential drug treatment uses.

What Atiyeh is proposing is legal. What city council is threatening is not.

A de facto ban on specific zoning uses invites lawsuits. It’s likely to be tossed by a judge. Atiyeh already is suing Bethlehem for giving planning approval to an expansion of Moravian Village off Stefko Boulevard. He’s suing Allentown over its hockey arena development and a tax plan to support it. Municipalities shouldn't back down from anyone simply because he or she is willing to sue; providing an opening for a suit is something else again.

Bethlehem Council President Eric Evans is pushing for the 1,000-foot limit as a way to thwart any end runs until the new zoning code is ratified. Councilwoman Karen Dolan calls the larger buffer overkill, warning that it might create legal headaches the city and residents would like to avoid. Evans says it’s not certain whether Atiyeh’s latest rehab center proposal would conform to the 500-foot rule.

Council could vote on the 1,000-foot restriction at its June 19 meeting, which, if approved, would be superseded by the 500-foot barrier when the zoning code is amended.

Dolan and other city officials are right to insist the council stick to its original course — a defendable, uniform zoning rule that protects residential areas and requires applicants to find a suitable place for treatment facilities. Tailoring a temporary, double-sized buffer might be welcomed by thousands of people tired of a developer’s antics, but ultimately it’s asking for trouble.